Portman Mansions Residents Company Limited

Registered in England and Wales: Number 2835737

Flat 4W, Block 4 Rear

Portman Mansions

Porter Street

LONDON. W1U 6NS

Tel: 020 7486 3411

Dear Resident

PORTMAN GYM

To enhance Portman Mansions further and improve the facilities for residents, a gymnasium has been built in the old porters’ lodge in the basement of Block 10. We would like to invite you to use these facilities free of charge after you have complied with the conditions contained in this letter.

The following people will be entitled to use the Gym:

1)Shareholders of the Portman Mansions Residents Company Limited

2)Non-shareholders whose main residence is the shareholder’s flat

(e.g. the shareholders immediate family)

3)Shareholders’ tenants to whom the shareholders’ flat is let.

Children under 10 years of age will not be admitted. Parental supervision is required for children between the ages of 10 - 15 years and these users must comply with the same requirements as other users.

Please note that due to the nature of the approval given by Westminster City Council to this project, your visitors and other temporary guests are not permitted to use the gym.

The gym will be available for use at the following times:-

Monday - Friday 8am - 9pm

Saturday / Sunday & Bank Holidays10am - 7pm

There is also a 5/6 person sauna plus shower / toilet facilities. Swimsuits must be worn in the sauna.

Please note that food must not be taken into the Portman Gym at any time.

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No one is entitled to use the gym until they have complied with the following conditions:-

1.The duplicate letter enclosed must be signed by you to acknowledge that you have read

and understood everything in this letter (one letter must be returned for each eligible member). In particular, I would like to draw your attention to the exclusion clause contained towards the end of this letter. You will appreciate that whilst the Residents Company has made the facility available and provided the equipment, it is not in a position to give anyone any warranty or assurance that users are fit or competent enough to use the equipment. All it can do is to give you the opportunity to seek guidance from a trainer but it will be up to you to ensure that you use the gym safely and correctly. Please return the signed letter to the Estate Office.

2.You must be shown how to use all the equipment in the gym by a fully qualified trainer. Please phone our trainer, Donna 07877325703 to arrange anappointment for your induction /fitness appraisal. Please note that the cost of the trainer will be £40 for the hour session and it will be your responsibility to pay this fee directly to the trainer at the time of the assessment. If you are interested, after the initial session you may book subsequent personal training sessions with the trainer. Please note that the trainer is not an employee of or otherwise connected with the Residents Company.

Once you have returned the letter to the Estate Office and completed the induction with the trainer you will be entitled to use the equipment free of charge as often as you wish within the opening times.

Please show consideration for the residents of Block 10 and ensure that noise is kept to a minimum, both in the common parts and in the gymnasium. Please ensure that you take good care of all the equipment and leave the facilities in a clean and tidy state. The gym cannot be staffed on a full time basis and it is up to you and every other user to ensure that the equipment is used correctly and the facilities in general are properly taken care of.

Please note that this is a private facility and Portman Mansions Residents Company Limited reserve the right to refuse entry to any persons failing to conduct themselves appropriately.

I am sure you will understand that the residents company has to cover its position by imposing a number of indemnities and these are set out below:

Exclusion of Liability

1.The Signatory accepts full responsibility for ensuring that he/she is fit and well enough to partake in physical exercise.

2.The risk of loss or damage to the Signatory’s goods when using the gym remains with the Signatory and Portman Mansions Residents Company Limited (“the Company”) shall have no liability at all for any loss or damage of any kind to the Signatory’s goods or possessions howsoever such loss or damage may have been caused.

3.The Company excludes to the fullest extent permitted by law all liability for loss or damage suffered by the Signatory in using the gym which results from a negligent act or

omission of the Company or of anyone acting on behalf of the Company howsoever such loss or damage may have been caused.

4.The Company shall not be liable for any failure in the performance of any of its obligations caused by factors beyond its control.

5.If any of the provisions of this exclusion clause are held by any court or any other competent authority to be void or unenforceable in whole or in part the other provisions shall continue in full force and effect.

We hope you will enjoy your Gymnasium and be able to make full use of the amenities. Should you have any queries about any aspect of the facilities or encounter any problems with the equipment or the sauna, please contact the Estate Office.

Yours sincerely,

Eileen Wynne

Estate Manager

I acknowledge and confirm that I have read and fully understood the terms of this letter including the provisions of the clause headed “Exclusion of Liability”.

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Signature of Signatory Name of Signatory

Date ………………………………………… Flat No. …………………………………………